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ARTICLE · 26 MARCH 2010
State Supreme Court Rejects Hypothetical Maximum Operating Capacity As Environmental Baseline Under CEQA
Farella Braun & Martel
The California Supreme Court has issued an opinion determining that projects reviewed under the California Environmental Quality Act ("CEQA") cannot be approved through a Negative Declaration based on the absence of significant impacts when the proposed project is compared to a hypothetical maximum permitted capacity rather than existing physical conditions at the time of the commencement of the environmental review. Communities for a Better Environment v. South Coast Air Quality Mgmt. Dist., Ca
United StatesEnvironment
